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ARELJ Case Note - Clark V Minister For The Environment [2019] FCA 2027

Matthew Pudovskis
Barrister, Francis Burt Chambers

A group of Aboriginal people applied for judicial review of a decision of the federal Minister for the Environment not to make declarations under the Commonwealth’s Aboriginal and Torres Strait Islander Heritage Protection Act 1984 protecting six trees that were threatened by a highway development in Victoria. The Federal Court of Australia upheld the application and remitted the matter to the Minister for further consideration according to law on the basis that the Minister had failed to understand and properly apply the statutory concepts of “Aboriginal tradition” and injury and desecration of significant Aboriginal areas and objects.

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